In the wordmark vs device mark choice, a word mark protects your brand name in any font, a device mark protects your logo, and a combined mark protects the name and logo together as filed. Nepal’s Department of Industry bulletins call them word only, label only and word & label. Many brands file the name and logo separately.
Key takeaways
- A word mark (bulletin term: word only) covers the name itself, whatever the font, colour or layout.
- A device mark (bulletin term: label only) covers a logo, symbol or picture with no words.
- A combined mark (bulletin term: word & label) covers the name and logo as one design.
- Across the more than 120 bulletins in our archive, about 63 in 100 published marks are word & label, about 33 are word only and about 4 are label only.
- Each mark type and each NICE class is a separate application at the Department of Industry (DoI).
- Nepal is first-to-file, so file the part of your brand that matters most before you launch.
What are the types of trademark in Nepal?
The Patent, Design and Trade Mark Act 1965 defines a trademark as a word, symbol or picture, or a combination of them, used to distinguish one business’s goods or services from others. Those three building blocks give the three mark types.
When the DoI publishes an accepted mark in the Industrial Property Bulletin, each entry prints a mark type. The printed terms are word only, label only and word & label. "Label" is the DoI’s word for the logo or picture you file.
What is a word mark?
A word mark is the brand name in plain text, with no particular design claimed. If "Himal Roast" is filed as a word mark, the filing is about those words, not a font or colour.
That makes it the usual first choice for a distinctive name. It gives you a clearer basis to act against the same or a confusingly similar name in any style. It does not stop every use of a similar word: the question is still whether customers are likely to be confused for related goods or services.
What is a device mark?
A device mark is a visual sign with no words: a mountain outline, a stylised animal, a crest or an abstract shape. In the bulletins these are label-only entries. About two in three of them simply print "DEVICE MARK" where the mark name would go, and a few print no name at all.
A device mark suits a logo that customers recognise before they read anything. It does not directly protect your name written in plain text, so a business with only a logo registration can be exposed on its name.
What is a combined mark?
A combined mark, sometimes called a composite mark, joins words and graphics into one filed design. Bulletin entries for these usually add "(and logo)" after the name. A café might file its name under a mountain icon; a clothing label might file its name inside a badge.
The filing covers the overall look as filed. If you later redraw the logo, move the words or use the name on its own, the registration may not match the brand you actually use.
What is the difference between a word mark and a device mark?
A word mark protects what customers say; a device mark protects what they see. A word mark follows the name across new logos and packaging. A device mark follows the logo even when no name appears beside it.
| Mark type | Bulletin term | What it covers | Main limit |
|---|---|---|---|
| Word mark | Word only | The name in any font or layout | Weak or descriptive words may be refused |
| Device mark | Label only | A logo, symbol or picture | Does not cover the name as plain text |
| Combined mark | Word & label | The name and logo together as filed | Tied closely to that exact design |
Which mark gives the broadest protection for a name?
For a distinctive name, a word mark usually does, because it is not tied to one design. That is why many established brands file two applications: the name as a word mark and the logo as a device mark.
A combined mark can still be useful, but it should not be treated as the same thing as two separate filings. The share of word & label marks in the bulletins shows how common combined filings are; it does not show they are the best choice for every brand.
When is a combined mark the better option?
When a logo gives an otherwise weak name its distinctive character, or when a business always uses one fixed label. The DoI judges the mark as a whole, so a strong design can carry a plain name through examination.
It can also suit a product badge or a short campaign. Review the choice before investing in packaging, though. If the name later becomes the real asset, someone else may have filed it first.
Which NICE classes apply to a word mark or logo?
The mark type does not change the class. Nepal uses the NICE Classification of 45 classes, and the Act needs a separate application for each class (Sec. 18A). A word mark, a device mark and a combined mark each need their own filing in every class you want.
A restaurant brand may need Class 43 for its services and Class 30 if it sells packaged coffee. A clothing line may need Class 25. Start with the NICE class finder or the AI NICE classifier, then check the exact goods and services.
How do you register a word mark, device mark or combined mark?
- Clear the mark. Search similar names and logos. The conflict checker flags close names, and our trademark search covers marks published in DoI bulletins.
- Choose the mark type. Decide on the name, the logo, the combination, or two filings.
- Select the class. File once per class, per mark type.
- File at the DoI. Submit the application, a clear label and the applicant documents.
- Answer examination. The DoI checks registrability and earlier marks.
- Clear publication. The mark appears in the bulletin, and the opposition window is 90 days.
- Receive the registration certificate. It lasts seven years and is renewable.
An unopposed application usually takes about 12 to 14 months; six to eight months happens only in the smoothest cases. Our trademark registration service handles each step.
What documents does each mark type need?
The documents are the same whatever the type. A Nepali company usually needs the application form, the label, a notarised power of attorney, a board resolution, its industry certificate and a recent tax clearance letter. A newly formed company will not have a tax clearance yet, so confirm the Department of Industry's current checklist.
A foreign applicant files through a Nepal-based agent and needs a certified copy of its home registration. Nepal is not part of the Madrid System, so an international filing does not cover Nepal. A Paris Convention priority claim may be available for a recent foreign filing.
What affects the cost of filing different mark types?
Mainly the number of applications: mark types multiplied by classes. Clearance work, objections and oppositions add to it. Government fees and professional fees are separate. Use the fee calculator, or ask us for a quote for your plan.
What legal rules apply to logo and name registration?
Title to a trademark comes from registration, not use (Sec. 16). The DoI can refuse a mark that damages another mark’s goodwill or is already registered to someone else (Sec. 18), and you may not present a mark as registered before it is (Sec. 18B). Use ® only after registration.
A registered mark should also be used: the DoI may cancel one not used within a year of registration (Sec. 18C). Renewal is due within 35 days of expiry, with a six-month late period on a fine (Sec. 23B). The Act is on the Nepal Law Commission site, and the Department of Industry posts each bulletin.
How does the choice work for a Kathmandu coffee brand?
Here is an illustration, not a real case. A coffee business launches as "Himal Roast" with a green mountain icon. It files only the combined label. A year later a rival sells "Himal Roast" in plain type with a different logo.
The combined registration is a weaker basis against that rival than a word mark would have been. Had the owner filed the name as a word mark in Class 30 and Class 43, and the icon as a device mark, each part would have its own registration. It now needs a clearance review through our trademark search service before filing the name.
What are the common mistakes when choosing a mark type?
- Filing a polished combined logo without the name. The name may be left exposed.
- Filing a logo that is about to change. File the stable version.
- Filing a descriptive name alone. Words that describe the goods are hard to register.
- Missing a class. The café, the packaged product and the shop may sit in different classes.
- Confusing company registration with a trademark. The Office of the Company Registrar records company names; the DoI registers trademarks.
- Ignoring the bulletin. A look-alike filed by someone else can be opposed within 90 days through our opposition service.
In short
Choose a word mark when the name is the asset, a device mark when the logo carries recognition, and a combined mark when the fixed label is what sets you apart. In Nepal, filing the name and logo separately usually gives the clearest cover, one class at a time.
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Not sure whether to file your name, your logo or both? Send us your brand and what you sell and we will recommend a filing plan. This article is general information, not legal advice.
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